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| Home > Civil Litigation and Others > Types of Suits |
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| Suits By or Agents Govt./Public Office |
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- Where the Govt. or Public Officer in official capacity is plaintiff (one who files the suit), or the defendant (against whom the suit is filed), such Authority shall be named as "Union of India" or " State Govt. of (State Concerned) or The " Name & designation " of public officer.
- In case, the suit is filled against a public officer in his/their official capacity, the appropriate govt. shall also be made a party to the suit.
- In such case, a two months prior notice has to (sec 80) be served on the Govt./public officer, in case if/he is defendant having regard as--- as to who the party is, the notice shall be served on the following:
- In case of Central Government, to it's secretary
- In case of State Government, to it's secretary, or the collector of the district.
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In case of public officer, to him at his office.
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However, in case of urgent basis/relief, the suit may be instituted against Govt./public officer, after taking permission of the court.
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The court is required to allow a reasonable time to the Government, to communicate the subject matter of the suit through proper channel so as to enable the Govt. to accordingly instruct the Govt. pleader/Counsel appearing on it's behalf. The court at its discretion may also extend such time. However such time should not exceed 2 months in aggregate.
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Where the Govt. undertakes the defence of such public officer, it shall authorise it's pleader to appear in the court, and the pleader shall make an application in that regard to the Court. If no such application is made by the pleader within the time fixed by the court, the case shall proceed as if between private parties.
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However, in all cases against the Govt./public officer the endeavor of the court shall be to assist the parties to arrive at an amicable settlement if possible at the first instance and for that the court is empowered to adjourn the proceedings for a reasonable period of time in which attempts at settlement may be made by the parties. |
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